claiming land from row

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ceb
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claiming land from row

Post by ceb » Mon Jun 06, 2011 10:53 am

pleas can you help me to find out if there is any way to claim a piece of land we have been in our house for 12years now and we have the right of way and it is in our deeds that we are responsible for keeping the area tidy. we have put a gate on the bottom of the passage way it has been there for the past 11 years and we want to know what our rights are

span
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Joined: Sat Nov 06, 2010 1:34 am

Re: claiming land from row

Post by span » Mon Jun 06, 2011 12:27 pm

Your rights are detailed in your deeds.

jencast
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Re: claiming land from row

Post by jencast » Mon Jun 06, 2011 3:04 pm

Why do you want the land when you already have all row? Adverse possession is 20 years of open possession by fencing the entire area and then petitioning to LR.IMHO, unless you plan to build over the row, there is really no point in owning the land over which a row exists.

pilman
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Re: claiming land from row

Post by pilman » Wed Jun 08, 2011 7:05 pm

Adverse possession can be claimed after 12 years, but if you have a right of way that explains your occupation and use of the land.

It is doubtful that the Land Registry will grant possessory title if your deeds show that there is a right of way over the land for the benefit of your property.

Is the land unregistered land, or is this passage way part of a registered title?

As the previous poster asked, why do you feel the need to acquire ownership if you use the passage way already. Is there further use to be made of the land to make it worth bothering about.

Alicia
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Re: claiming land from row

Post by Alicia » Wed Jun 08, 2011 7:09 pm

Wouldn't have a ROW extinguish the possibility of ever claiming Adverse Possession - in that the existence of a ROW inherently acknowledges that the land belongs to someone else and it's being used with permission? Albeit a sort of permission that can't be refused.
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pilman
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Re: claiming land from row

Post by pilman » Wed Jun 08, 2011 9:03 pm

Permission is taken into consideration when a claim is made for prescriptive easements, I did not think adverse possession needed that aspect to be taken into consideration.

If someone was granted a right of way across the middle of a field and then took possession of the entire field by stopping anyone else, including the legal owner from gaining access to the field, why does that not count as being in adverse possession?

There are numerous cases of a licensee staying beyond the period of the license so becoming a squatter. After the 12 years for unregistered land is passed, that squatter becomes the owner, even if they originally had permission to be there in the first place.

I don't think prescription and adverse possession have the same rules, but I am open to be corrected if I am wrong.

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